SHORT-TERM ACADEMIC STUDY AWAY PROGRAM (STASAP) Service Provider Agreement
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of said cancellation, account to the Office of Instruction and Business Services for any non-recoverable charges or expenses
incurred by Service Provider. Charges, if any, for College personnel shall be invoiced to the College.
7. RESTRICTION ON STASAP PARTICIPATION: All STASAP participants shall be enrolled in a course of study related to the Program.
Though enrollment is open to the public, some individuals may be denied admission on the basis of academic prerequisites or
other constraints. STASAP participation is to be determined solely by College’s Office of Instruction or designee.
Service Provider shall not make the Program available to individuals who are not STASAP participants of College and who have
not been approved by College as STASAP participants. In the event any person participates in a Program without College
permission, the Service Provider hereby assumes all liability for participation of such persons and shall indemnify and hold
harmless College and its Board, trustees, agents, employees, and representatives from all claims arising out of such participation
as set forth more fully in paragraph 8 labeled “INDEMNIFICATION.”
Prior to the departure of any STASAP, Service Provider shall provide the Office of Instruction at the address set forth in Paragraph
19(i) below with a roster of Program participants, showing name, address, emergency contact and address, along with the same
information for any other persons that College has agreed to allow to accompany the STASAP. Service Provider shall forward a
copy of all correspondence between Service Provider and any Program instructor, or Program participant to the Office of
Instruction at the address set forth in Paragraph 19(i) below. No person shall be allowed to participate in a Program unless that
person executes all document required by College’s Office of Instruction and Business Services, including but not limited to the
DIABLO VALLEY COLLEGE SHORT-TERM ACADEMIC STUDY AWAY PARTICIPATION AGREEMENT. College’s Office of Instruction
shall be responsible for collecting these documents.
8. INDEMNIFICATION: Notwithstanding any insurance coverage which may be in effect, and in addition to any additional
undertakings referred to herein, Service Provider, to the extent permitted by law, shall save, defend, indemnify and hold harmless
College, Board, any of the Colleges, and each of their trustees, agents, employees, and representatives free and harmless from and
against any and all liability, claims, losses, expenses, judgments, or demands, including the obligations of College, Board, the
Colleges, and each of their trustees, agents, employees, and representatives on account of any similar agreement College has
with Service Provider including, but not limited to, demands arising from damages, injuries, or death of persons (Service
Provider’s agents, employees, representatives, and guests included), other personal injury including, but not limited to, libel and
slander, damage to or loss of property, claims arising out of any actions by Service Provider in breach of this Agreement, and all
statements, comments, remarks, or promises set forth in any promotional material as described in paragraph 5 above, the
participation in the Program of any person without permission of College, and for the acts and omissions of any person or entity
employed, retained, or representing Service Provider for the purpose of providing any services under this Agreement including,
but not limited to, Travel Agents or Travel Agencies save and except for claims and litigation arising through the willful misconduct
of College, Board, the Colleges, and each of their trustees, agents, employees or representatives. Service Provider will make good and
reimburse College, Board, the Colleges, and each of their trustees, agents, employees, or representatives for any expenditures,
including reasonable attorney’s fees, College, Board, the Colleges, and each of their trustees, agents, employees or
representatives may make by reason of such matters and, if requested by College, Board, the Colleges, and each of their trustees,
agents, employees, and representatives, Service Provider will defend such suit at the sole cost and expense of Service Provider.
9. INSURANCE: Service Provider shall, for the duration of the Program, maintain in force a commercial general liability insurance
policy (or policies) insuring Service Provider’s activities under this Agreement on a domestic and worldwide basis (as needed),
and for the amount set forth in parentheses below against risk of loss due to (a ) injury, property damage or death caused by an
occurrence arising out of the Service Provider’s operations ($1,000,000 for each occurrence); (b) bodily injury, property damage
or death caused by an occurrence arising out of the operation, maintenance, or use, including loading or unloading, of a hired
automobile or vehicle (including a bus or truck), watercraft or aircraft ( $1,000,000 for each occurrence); (c) any negligent act,
error, or omission of Service Provider or any other person for whose acts Service Provider is legally liable in the conduct of Service
Provider’s operations ($1,000,000 for each occurrence). Service Provider agrees to name College, Board, each of the Colleges,
and each of its trustees, agents, officers, employees, and representatives as additional insured, under each insurance policy or
policies. In addition, said policy or policies shall include an endorsement whereby said Service Provider’s insurance policy
shall be primary as to any and all insurance and self-insured retention of District, and any insurance or self insurance
maintained by College or College personnel shall not contribute with it and whereby Service Provider’s insurer agrees to waive
its subrogation rights against College and College personnel as set forth in paragraph 10 of this Agreement.
Said endorsement shall also provide:
It is hereby understood and agreed that the definition of “incidental Contract” is hereby amended to include the following
designated contract provision:
“Additional Insured Covered Interest: Diablo Valley College, the Board, each of the Colleges, and each of their agents,
officers, employees, and representatives. The named insured shall indemnify, defend and hold harmless from and against
any and all claims and liabilities arising from the negligence of the insured as respects any services arranged by the insured
on College’s behalf.”
It is further understood and agreed that all exclusions, terms, conditions, and endorsements of the policy shall also apply to the
coverage afforded by this endorsement.